G.R. No. 205505 -

Ruling

WHEREFORE , premises considered, the Commission (En Banc) RESOLVES , as it hereby RESOLVED , to: a. DISMISS the instant Petition to Expel Respondent Atty. Isidro Q. Lico in the House of Representatives and to Sanction the Immediate Succession of the Second Nominee of ATING KOOP Party List, Mr. Roberto C. Mascarina as its Party Representative, for lack of jurisdiction; b. UPHOLD the Expulsion of Respondent Atty. Isidro Lico from ATING KOOP Party-list Group; [and] c. UPHOLD the ATING KOOP Party-list Group represented by its President, Amparo T. Rimas, as the legitimate Party-list Group accredited by the Commission on Elections, to the exclusion of respondents Atty. Isidro Q. Lico, Rafael A. Puentespina, Proculo T. Sarmen, Amelito L. Revuelta, William C. Ybanez, Silverio J. Sanchez, Gloria G. Futalan, Hilario De Guzman, Eugene M. Pabualan, Rodolfo E. Perez, Hipolito R. Quillan, Mario Arenas, Tirso C. Buenaventura, Lydia B. Tubella, and Jonathan Dequina. [28] In arriving at its Resolution, the COMELEC En Banc held that it had no jurisdiction to expel Congressman Lico from the House of Representatives , considering that his expulsion from Ating Koop affected his qualifications as member of the House, and therefore it was the House of Representatives Electoral Tribunal (HRET) that had jurisdiction over the Petition. At the same time, the COMELEC upheld the validity of petitioner Lico's expulsion from Ating Koop, explaining that when the Interim Central Committee ousted him from Ating Koop , the said Committee's members remained in hold-over capacity even after their terms had expired; [29] and that the COMELEC was not in a position to substitute its judgment for that of Ating Koop with respect to the cause of the expulsion. [30] Finally, the COMELEC En Banc recognized the Rimas Group as the legitimate representative of Ating Koop considering that: 1) it found nothing in the records to show that the Lico Group made a valid call for the special election of Central Committee members as required under the Amended Constitution and By-Laws; [31] 2) there is nothing on record indicating that a minimum of 100 attended the Cebu meeting; [32] and 3) the Parañaque convention was in accordance with Ating Koop's Amended Constitution and By-Laws. [33] Hence, this Petition: the Lico Group now comes before Us, praying for a review of the COMELEC Resolutions. The Court's Ruling On the COMELEC's jurisdiction over the expulsion of a Member of the House of Representatives from his party-list organization We find that while the COMELEC correctly dismissed the Petition to expel petitioner Lico from the House of Representatives for being beyond its jurisdiction, it nevertheless proceeded to rule upon the validity of his expulsion from Ating Koop - a matter beyond its purview. The COMELEC notably characterized the Petition for expulsion of petitioner Lico from the House of Representatives and for the succession of the second nominee as party-list representative as a disqualif